The priority law of the state in the issues of subsurface use in the Republic of Kazakhstan

Abstract

The strategy of economic development of the Republic of Kazakhstan involves the attraction and effective use of foreign investment. All-round support and protection of investments is an objectively necessary process, one of the directions of mutually beneficial economic cooperation of Kazakhstan with other countries. In this regard, the Republic of Kazakhstan, from the moment of proclamation of independence, invariably maintains its course on economic development and the welfare of the country's population. However, in the current legislation of the Republic of Kazakhstan, the construction of the «priority right» is increasingly being applied. As it is noted in the literature, «the existence of this right enables the state to actively intervene in various spheres of the economy, influence the ownership of certain objects, control mergers and acquisitions in corporate relations». On December 27,
2017 the Code of the Republic of Kazakhstan «On Subsoil and Subsoil Use» was adopted, which is currently not enacted, except for Part Three of Paragraph Four of Article 278. The author of the article believes that with the acquisition of legal power of the bowels of the Code will terminate the «era» of bureaucracy for subsoil users, as it establishes specific criteria for the emergence of the «priority right» of the state, which does not allow courts to use the gaps of the current legislation «at their discretion», interpreting the law in accordance with their internal conviction and understanding of law. In the opinion of the author such unification of the law aimed at implementing reforms carried out by the Government of the Republic of Kazakhstan in order to create a favorable investment climate cannot but lead to expected positive results for the economy of Kazakhstan and its further development.